“The Health & Personal Social Services (Disciplinary Procedures) Regulations 1996 currently govern disciplinary proceedings in relation to family health practitioners, including dentists. When the Health & Social Care Board receives information which it considers could amount to an allegation that a practitioner has failed to comply with his or her terms of service, the Board can either decide to:
1. Take No Action;
2. Refer the matter to a Dental Discipline Committee;
3. Refer the matter to the Health & Social Care Tribunal ;
4. Refer the matter to the General Dental Council; or
5. Refer the matter to the Police Service of Northern Ireland.
The above decision-making process will normally involve an initial consideration of the matter by a Board Investigating Officer, following which, if concerns remain, the matter will then be referred onto the Regional Professional Panel (which came into effect on 1st January 2010) and, if appropriate, after consideration by that Panel, further referred on to the Reference Committee who will make a final decision on whether the above steps are to be taken.
If a matter is referred to a Dental Discipline Committee (‘the Committee’), the practitioner must be sent a Notice of Referral within 2 working days of the referral being made. The referring Board must then submit a Statement of Case (detailing the allegations being made and providing copies of all relevant documentary evidence) to the Committee and practitioner within 28-day of the referral. The practitioner has 28 days from receipt of the Statement of Case to make any response. A formal hearing will then place, at which the Committee can hear oral evidence from any relevant witnesses and consider any submitted documentary evidence. The practitioner will be given at least 28 days notice of the Hearing Date. Following conclusion of the Heating, the Committee will then provide a report to the referring Board, setting out findings of fact and any recommendations for action. Any findings of fact made by the Committee are treated as conclusive, however, the course of action adopted as a result of those findings is ultimately for the referring Board to decide. This can be that no further action is taken, monies are recovered from the practitioner or that further action should be taken (which can include a dentist being made subject to prior approval, referred to a Tribunal or the General Dental Council). There is a right of appeal to the Department of Health, Social Services and Public Safety.
The Regulations, as drafted, require allegations about dentists to be referred from one Health & Social Services Board to a Dental Discipline Committee established by a separate Board. Since the Regulations were drafted, all existing Health & Social Services Boards in Northern Ireland have been replaced by a single Health & Social Care Board. Consequently, the current legislation requires amendment. The Health & Social Care Board has requested that this matter is addressed and that there is a concurrent review of the current disciplinary process.”